Monday, December 23, 2019
How Ultra s Customer Database Meets The Not Generally...
II. Not Generally Known or Readily Ascertainable C A court is likely to find that Ultraââ¬â¢s customer database meets the not generally known or readily ascertainable element. R In determining whether information is not generally known or readily ascertainable, courts consider the following two Restatement factors: ââ¬Å"the extent to which the information is known outside of the businessâ⬠and ââ¬Å"the ease or difficulty with which the information could be properly acquired or duplicated by others.â⬠Al Minor, 117 Ohio St. 3d at 61 (citing Plain Dealer, 80 Ohio St. 3d at 524-25). â⬠¢ To determine whether the information is not generally known or readily ascertainable is if a trade secret owner ââ¬Å"collected and/or compiled the information from a variety of sources, thus this may support a finding that the information is not generally known or readily ascertainable.â⬠Salemi, 145 Ohio St. 3d at à ¶29. â⬠¢ To determine whether a customer list is not generally known, it ââ¬Å"ordinarily includes not only the name of a business or person but also information that is not generally available to the public, such as the name of a contact person, a non-public telephone or cell phone number, an email address, and other data known only because of the relationship with the client.â⬠Salemi, 2014-Ohio-3914 at à ¶18 (citing Columbus Bookkeeping, 2011 Ohio App. LEXIS 5655). â⬠¢ While the mere fact that each of the clients at issue are listed in a telephone directory, or can be entered by name in a database,
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